Enforcement of Mediation Settlement Agreements in Zimbabwe

Zimbabwe is not a signatory to the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation 2018 (the Singapore Convention on Mediation).

Notwithstanding the fact that mediation is a facilitative and non-binding process, a mediation agreement can be legally enforceable in Zimbabwe if it meets the requirements of a valid contract in Zimbabwe. Thus, in the event that parties reach a resolution of a dispute or difference through mediation, they can choose to record such terms in a written settlement agreement, duly signed by or on behalf of each party.

The written settlement agreement or mediation settlement agreement in Zimbabwe can then be submitted for registration and enforcement to a competent court for the purpose of making it an order of court. The High Court of Zimbabwe has adopted a robust approach to the enforcement of mediation settlement agreements in Zimbabwe.

In Onel Electrical Engineers (Pvt) Ltd v Unki Mines (Pvt) Ltd 2019 (3) ZLR 196 (H) the High Court adopted a robust approach towards the enforcement of mediation settlement agreements in Zimbabwe as it not only accords with the terms of the contract and is consistent with the preponderance of judicial thinking in other jurisdictions and the dictates of modern commercial convenience.